Terms of Sale and General Terms and Conditions

for Ordering Speakers via the www.glydsphere.eu Website 

Last updated on: October 2021

1. Scope; deviating terms of business; reservation of changes

 

1.1 These General Terms and Conditions (the "GTCs") apply to the provision of services by Space Gravity GmbH, Schillerstraße 9, 64859 Eppertshausen (the "provider") to the respective contractual partner (hereinafter "customer") with regard to the sale of speakers (the "goods”) via the www.glydsphere.eu homepage as well as the use of the Webshop available there (the “website”).
1.2 All agreements made between the customer and the provider shall result from these GTCs, the customer's offer and an order confirmation by the provider (the “individual contract”).
1.3 Terms and conditions of the customer that deviate from these GTCs shall not apply. The provider hereby expressly objects to counter-confirmations by the customer with reference to the customer’s own terms and conditions of business and/or purchase. These GTCs shall also apply if the provider performs services for the customer without any reservation despite being aware of conflicting or deviating terms and conditions of the customer. Individual agreements made in particular cases between the customer and the provider (including ancillary agreements, supplements and amendments) shall always take precedence over these GTCs.

 

2. Orders through the Webshop; conclusion of contract; website availability

 

2.1 The customer can use the Webshop to select and purchase the goods presented there. If the customer wishes to purchase the goods, they can order them by making the respective selection and using the "add to shopping cart” button to place the goods in a so-called shopping cart. Before sending a binding order, the customer must accept these GTCs by ticking a corresponding box.
2.2 The customer must provide complete and correct contact and delivery details as requested during the ordering process.
2.3 The order by the customer shall be deemed to constitute a binding offer to conclude a contract. By clicking the "Order with an obligation to pay" button on the last page of the online order form under "Order overview", the customer places an order for the items they have added to their shopping cart. After the provider has received the order from the customer, the provider will send the customer an email confirming receipt of the order by the provider and listing the respective details (“order confirmation”).
2.4 If the customer orders goods via the Webshop, the customer's order shall be deemed to represent an offer to conclude a contract with the provider. The order confirmation shall not be understood as acceptance of the customer's offer, but is only intended to inform the customer of the receipt of the order by the provider. The offer shall be accepted either through an express declaration of acceptance by the provider or the delivery of the ordered product.
2.5 The provider does not offer products for purchase by minors. The goods are only sold to customers in normal household quantities.
2.6 The provider cannot guarantee that the website will be available at all times. In particular, the provider shall be entitled to temporarily suspend or limit the availability of the website. Should any further restrictions of availability occur, these will be notified on the website itself. In addition, the provider expressly reserves the right to change, supplement, or completely delete parts or all of the content of the website without prior notice, or to temporarily or permanently discontinue its publication.

 

3. Purchase price and due date; payment and payment method

 

3.1 Unless otherwise agreed in individual cases, the applicable prices shall be the current prices at the time the contract is concluded and as shown on the website, plus statutory sales or value added tax and shipping costs. Where prices are displayed on the website, the statutory sales or value added tax and shipping costs are shown separately.
3.2 The purchase price shall be due immediately and without deduction upon conclusion of the contract. Discount deductions shall not be possible.
3.3 The customer can make the payment using the payment methods indicated on the website. A combination of the payment methods for one and the same order shall be excluded. The provider reserves the right to exclude certain payment methods in individual cases.
3.4 The provider shall be entitled, at its own discretion, to send invoices to the customer electronically by email or by traditional post to the email address or postal address provided by the customer when placing the order.
3.5 Should the customer default on payment, the customer shall be obliged to pay the provider default interest of 5 percentage points above the respective base rate. Irrespective of Clauses 1 and 2, the provider shall be entitled to provide evidence of higher damages caused by the default as well as other damages.

 

4. Right to cancellation

 

4.1 Where the customer is a consumer (i.e. a natural person who places the order for a purpose not attributable to their commercial or independent professional activity), they shall have a right to cancellation in accordance with the statutory provisions.
4.2 All other aspects of the right to cancellation shall be governed by the regulations detailed in the following

 

Cancellation Policy

Right to cancellation

 

You have the right to cancel this contract within fourteen days without giving any reason.

The deadline for cancellation is fourteen days from the day on which you or a third party you have designated, who is not the carrier, took possession of the goods.

To exercise your right to cancellation, you must inform us, Space Gravity GmbH, Schillerstraße 9, 64859 Eppertshausen, E-Mail: info@space-gravity.com, by way of an explicit declaration (e.g. a letter sent by post or an email) of your decision to cancel this contract. You may use the attached Sample Cancellation Form for this purpose, though doing so is not mandatory.

In order to comply with the cancellation period, it is sufficient for you to send the notice concerning your intention to exercise your right to cancellation before the cancellation period expires.

Consequences of cancellation

If you cancel this contract, we shall reimburse all the payments that we have received from you, including the costs of delivery (except for any additional costs arising from your choice of a different delivery method than the cheapest standard delivery we offer) immediately and no later than fourteen days after the day on which we receive the notice of your cancellation of this contract. When reimbursing you, we will use the same means of payment as that used by you for the original transaction, unless expressly agreed otherwise with you; in no case will we charge you any fees for such reimbursement.

We shall be entitled to refuse to reimburse you until we have received the returned goods

or until you have provided evidence that you have sent the goods back, whichever is earlier.

You must send back or hand over the goods to us without delay and, in any event, within fourteen days from the day on which you inform us about the cancellation of this contract. The deadline shall be considered met so long as you dispatch the goods before the expiry of the deadline of 14 days. The costs of returning the goods shall be borne by you. You shall only be required to pay for any loss in value of the goods if the respective loss in value

is attributable to your handling of the goods in a way that goes beyond that required for the inspection of the condition, properties and functionality of the goods.

 

4.3 Customers who are consumers can use the following cancellation form:

 

Sample Cancellation Form

(If you wish to cancel your contract, please fill in this form and send it back.)

To:

Space Gravity GmbH Schillerstraße 9

64859 Eppertshausen

e-mail: info@glydsphere.com

 

I/we (*) hereby cancel the contract concluded by me/us (*) for the purchase of the following goods (*) / the provision of the following service (*)

- Ordered on (*) / received on (*)

- Name of the consumer(s)
- Address of the consumer(s)

- Signature of the consumer(s) (for paper forms only)

- Date


(*) Delete as appropriate.

 









4.4 The right to cancellation shall not apply to distance sales contracts for the delivery of goods that have been manufactured according to customer specifications or that are clearly tailored to personal needs or that are unsuitable for a return due to their nature or that are perishable or whose expiry date has been exceeded.

 

5. Delivery and default in delivery; transfer of risk; availability of goods

 

5.1 Unless otherwise agreed, the provider shall be entitled to decide on the type of shipment (in particular the transport company, shipping route and packaging) at its own discretion.
5.2 The provider shall be entitled to make partial deliveries and provide partial services at any time insofar as the customer can reasonably be expected to accept these. In the case of partial deliveries initiated by the provider, subsequent deliveries shall be made free of charge. However, in the event that it is the customer’s request to receive partial deliveries, shipping costs shall be incurred separately for each partial delivery.
5.3 If the provider fails to comply with an agreed delivery deadline or is in default for any other reason, the customer must set the provider a reasonable grace period to perform the service. If, upon expiry of the respective grace period, the provider has still not effected the delivery, the customer shall be entitled to withdraw from the purchase contract.
5.4 The risk of accidental loss and accidental deterioration of the goods shall be transferred to the customer at the latest upon handover of the goods.
5.5 The sale of the goods displayed on the website shall be subject to their availability. Should the goods specified by the customer in the order be temporarily unavailable, the provider will notify the customer thereof immediately. In the event of a delay in delivery of more than two (2) weeks caused by the foregoing, the customer shall have the right to withdraw from the contract; if delivery is impossible, both contracting parties shall be entitled to withdraw from the contract. In the event of withdrawal, the provider will immediately reimburse payments already made by the customer.

 

6. Warranty for defects; liability

 

6.1 The provider shall be liable for material and legal defects in accordance with the applicable statutory provisions.
6.2 Any additional guarantee on the part of the supplier shall only exist in respect of the delivered goods if such a guarantee was expressly given in the order confirmation for the respective item.
6.3 The customer shall not be entitled to assert claims for damages. The foregoing shall not include claims for damages by the customer arising from injury to life, limb, health or from a breach of essential contractual obligations (cardinal obligations) as well as from liability for other damages resulting from a wilful or grossly negligent breach of duty on the part of the provider, its legal representatives or vicarious agents. Essential contractual obligations are those obligations whose fulfilment is necessary to achieve the objective of the contract.
6.4 In the event of a breach of essential contractual obligations and where such damages are caused by minor negligence, the provider’s liability shall be limited to foreseeable damage that is typical of the contract in question, unless the customer’s claim for compensation arises from injury to life, limb or health.
6.5 The restrictions set out in the preceding paragraphs shall also apply in favour of the legal representatives and vicarious agents of the provider in the event that claims should be asserted directly against them.
6.6 The provisions of the German Product Liability Act shall remain unaffected.

 

7. Retention of title

 

7.1 All goods shall remain the property of the provider until the invoice amount owed for the goods has been paid in full, including all ancillary costs. The goods subject to retention of title may not be pledged to third parties or assigned as security until the secured claims have been paid in full. The customer must notify the provider immediately in writing if and to the extent that third parties should attempt to seize the goods sold.
7.2 If the customer breaches the contract, in particular if the purchase price is not paid, the provider shall be entitled to withdraw from the contract in accordance with the statutory provisions and to reclaim the goods on the basis of the retention of title and withdrawal. If the customer fails to pay the purchase price due, the provider shall only be permitted to assert these rights if the customer has failed to make the payment despite having been granted a reasonable deadline for payment by the provider or if such a deadline is dispensable according to the statutory provisions.

 

8. Assignment, offsetting and right of retention

 

The customer may only assign claims arising from the contractual relationship to third parties with the prior, express and written consent of the provider. The customer shall only be entitled to offset their own counterclaims against claims of the provider if the customer’s counterclaims have been legally established, the provider has recognised these claims or if the customer's counterclaims are undisputed. This shall also apply if the customer makes complaints or asserts counterclaims. As a buyer, the customer may only exercise a right of retention if their counterclaim is based on the same purchase contract.

 

9. Information on data protection

 

9.1 The provider processes the customer's personal data as part of the performance of the contract. In particular, the provider shall observe the provisions of the General Data Protection Regulation (GDPR), the Federal Data Protection Act [BDSG] and the German Telemedia Act [TMG].
9.2 Without the customer's consent, the provider will not use the customer's personal data for the purposes of advertising, or market and opinion research.
9.3 Detailed information in accordance with Article 13 of the GDPR on the type of customer data processed by the provider, the purposes of processing, the duration of storage and the rights of the customer can be found in the information provided on the website at www.glydsphere.eu.

 

10. Consumer arbitration board; online dispute resolution

 

The European Commission provides a platform for online dispute resolution (ODR). This platform is intended to serve as a point of contact for the out-of-court settlement of disputes relating to the contractual obligations arising from online sales contracts and online service contracts. The platform can be accessed at http://ec.europa.eu/consumers/odr/. The provider is not prepared to take part in a dispute settlement procedure before a consumer arbitration board.

 

11. Miscellaneous

 

11.1 The contract concluded between the customer and the provider is in English.
11.2 The law of the Federal Republic of Germany shall apply to all legal relationships between the provider and the customer, to the exclusion of the UN Sales Law. This choice of law shall apply to consumers only insofar as it does not deprive them of the protection granted to them by mandatory provisions of the law of the state in which they have their habitual residence.
11.3 If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from or in connection with contractual relationships between the customer and the provider shall be the provider's registered office.
11.4 Should individual provisions of these GTCs be or become invalid or unenforceable, either in whole or in part, this shall not affect the validity and enforceability of the remaining provisions.
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